Legal

Terms & conditions

These terms govern the purchase of used devices through flipback.ie. In short: you make us an offer to sell, we check your device and pay the agreed price.

§ 1 Scope and definitions

(1) These terms apply to all contracts that you, as a customer, conclude with us – DIS-CONNECT GmbH – through our sales flow at flipback.ie/sell. The customer’s own terms do not form part of the contract unless we expressly agree to them in text form.

(2) You are a consumer if the sale of your devices is not predominantly attributable to your commercial or self-employed professional activity. A trader, by contrast, is any natural or legal person or partnership with legal capacity that, when concluding the contract, acts in the exercise of a commercial or self-employed professional activity.

(3) Our buy-back is aimed at private individuals without a commercial intention to make a profit.

§ 2 How the buy-back works and formation of the contract

(1) If you want to sell us a used device (such as a smartphone, tablet or laptop), you submit an offer via the sales function on our site.

(2) To do so, you describe the device and complete your details by selecting the appropriate characteristics from the set of criteria we provide.

(3) You can review your entries at any time before submitting and correct them using the usual keyboard and mouse functions – including via your browser’s back button.

(4) Based on your details, we tell you on the site the price you will receive for the device. This applies only if the device actually matches the characteristics and criteria you specified. Displaying the price is not yet an acceptance of your offer.

(5) You then enter your address, choose your payout method and review your details one last time. By completing the order, you make us a binding offer to sell. This is only possible if you first accept these terms and thereby include them in your offer.

(6) You will then automatically receive an acknowledgement of receipt by email, in which your offer is listed again and which you can print. This acknowledgement only confirms receipt of your offer and is not yet an acceptance.

(7) You undertake to keep a record of the serial number of the device sold and to provide it to us on request.

§ 3 Devices we do not purchase

(1) We do not purchase devices with a SIM lock, demo or display devices, models not intended for sale by the manufacturer, or devices without a verifiable IMEI number (for example where the IMEI sticker is missing). The same applies to locked devices that cannot be accessed (e.g. because of a PIN lock) and to counterfeits.

(2) If you send us such a device contrary to paragraph 1, you bear the cost of returning it.

§ 4 Ownership and indemnity

(1) By submitting your offer, you confirm that you are the sole owner of the device and that it is free of third-party rights.

(2) You indemnify us against claims that third parties assert against us. If a solicitor or the courts become necessary in that regard, you reimburse us for the resulting costs.

§ 5 Sending in, data erasure and inspection

(1) From receipt of the acknowledgement, you have seven working days to send the device to us. With the shipping label we provide, shipping is free of charge for you and insured up to a value of 500 EUR.

(2) Before sending it in, you erase all data on the device and remove any SIM card. Storage media supplied by the manufacturer that are required for operation must not be removed. After the contract is concluded, we restore the device to its factory state and thereby erase any remaining data; recovery is no longer possible afterwards.

(3) After receipt, we inspect the device within seven working days. If it matches the characteristics and criteria you specified, we send you an email within that period by which we accept your offer.

(4) The contract is only formed upon this electronic acceptance. The email lists your offer details and these terms once again. We do not store the full text of the contract.

(5) Payout is generally made within 14 days of dispatch of the acceptance, and automatically after 60 days at the latest.

(6) For payout via PayPal, the fee PayPal charges for the payment (2 % of the purchase price, capped at 12 €) is withheld from the purchase price; the deduction is shown before the contract is concluded, in the checkout and in the confirmation. Payout by bank transfer is made without deduction.

(7) The language of the contract is German.

(8) A statutory right of withdrawal for distance contracts is available to consumers who buy from a trader. In the buy-back, you are selling to us, so there is no statutory right of withdrawal. However, as long as no contract has been formed, you get your device back free of charge (see § 6).

§ 6 Differing offer (counter-offer)

(1) If the inspection shows that the device does not match your description, we make you an offer at a different price, stating the reason. It is based on the actual condition according to our correspondingly adjusted criteria.

(2) You can accept this counter-offer within seven working days of dispatch of the email. The contract is formed upon your acceptance. If you decline, we return the device to your sender address free of shipping costs.

(3) If you do not respond within this period, the contract is formed on the basis of the counter-offer even without express acceptance. We expressly point out this consequence of your silence again in the counter-offer.

(4) If the return of a declined device is not possible for reasons within your sphere of responsibility (e.g. an incorrect address or refusal to accept delivery), we ask you by email, setting a reasonable deadline, to correct the shipping address and to accept delivery. Any further delivery attempt is then at your expense. If you do not provide a new address even after a second request, we store the device at your expense. If the costs of storage and return exceed the value of the device, we may sell or dispose of it.

§ 7 Proof of ownership for larger quantities

(1) If you offer us devices within one year in quantities that exceed what is usual for a household, we may request proof of purchase and ownership from you.

(2) If you do not comply, we reserve the right to refuse further purchases.

§ 8 Final provisions

(1) Contracts between you and us are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection provisions of the country in which you, as a consumer, have your habitual residence remain unaffected.

(2) If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from the contractual relationship is our registered office in Karlsruhe.

(3) Amendments and additions to these terms must be made in text form. This also applies to any waiver of this text-form requirement.

(4) Should individual provisions be or become wholly or partially invalid, the validity of the remaining provisions remains unaffected. Invalid or non-incorporated provisions are replaced by statutory law. If there is none, or if it would lead to an unreasonable result, we will enter into negotiations on a valid provision that comes as close as possible to the economic intent.

Receiving address for returns: DIS-CONNECT GmbH, Im Ochsenstall 30a, 76689 Karlsdorf-Neuthard.